Reports and studies
Implementation experiences; identification and disposal of waste
The President shall submit to the Congress, within four years after
the extent to which the chapter and Fund are effective in enabling Government to respond to and mitigate the effects of releases of hazardous substances;
a summary of past receipts and disbursements from the Fund;
a projection of any future funding needs remaining after the expiration of authority to collect taxes, and of the threat to public health, welfare, and the environment posed by the projected releases which create any such needs;
the record and experience of the Fund in recovering Fund disbursements from liable parties;
the record of State participation in the system of response, liability, and compensation established by this chapter;
the impact of the taxes imposed by subchapter II 1
an assessment of the feasibility and desirability of a schedule of taxes which would take into account one or more of the following: the likelihood of a release of a hazardous substance, the degree of hazard and risk of harm to public health, welfare, and the environment resulting from any such release, incentives to proper handling, recycling, incineration, and neutralization of hazardous wastes, and disincentives to improper or illegal handling or disposal of hazardous materials, administrative and reporting burdens on Government and industry, and the extent to which the tax burden falls on the substances and parties which create the problems addressed by this chapter. In preparing the report, the President shall consult with appropriate Federal, State, and local agencies, affected industries and claimants, and such other interested parties as he may find useful. Based upon the analyses and consultation required by this subsection, the President shall also include in the report any recommendations for legislative changes he may deem necessary for the better effectuation of the purposes of this chapter, including but not limited to recommendations concerning authorization levels, taxes, State participation, liability and liability limits, and financial responsibility provisions for the Response Trust Fund and the Post-closure Liability Trust Fund;
an exemption from or an increase in the substances or the amount of taxes imposed by section 4661 of title 26 for copper, lead, and zinc oxide, and for feedstocks when used in the manufacture and production of fertilizers, based upon the expenditure experience of the Response Trust Fund;
the economic impact of taxing coal-derived substances and recycled metals.
The Administrator of the Environmental Protection Agency (in consultation with the Secretary of the Treasury) shall submit to the Congress (i) within four years after
Private insurance protection
Regulations respecting assessment of damages to natural resources
The President, acting through Federal officials designated by the National Contingency Plan published under section 9605 of this title, shall study and, not later than two years after
Such regulations shall specify (A) standard procedures for simplified assessments requiring minimal field observation, including establishing measures of damages based on units of discharge or release or units of affected area, and (B) alternative protocols for conducting assessments in individual cases to determine the type and extent of short- and long-term injury, destruction, or loss. Such regulations shall identify the best available procedures to determine such damages, including both direct and indirect injury, destruction, or loss and shall take into consideration factors including, but not limited to, replacement value, use value, and ability of the ecosystem or resource to recover.
Such regulations shall be reviewed and revised as appropriate every two years.
Issues, alternatives, and policy considerations involving selection of locations for waste treatment, storage, and disposal facilities
The Administrator of the Environmental Protection Agency shall, in consultation with other Federal agencies and appropriate representatives of State and local governments and nongovernmental agencies, conduct a study and report to the Congress within two years of
an assessment of current and projected treatment, storage, and disposal capacity needs and shortfalls for hazardous waste by management category on a State-by-State basis;
an evaluation of the appropriateness of a regional approach to siting and designing hazardous waste management facilities and the identification of hazardous waste management regions, interstate or intrastate, or both, with similar hazardous waste management needs;
solicitation and analysis of proposals for the construction and operation of hazardous waste management facilities by nongovernmental entities, except that no proposal solicited under terms of this subsection shall be analyzed if it involves cost to the United States Government or fails to comply with the requirements of subtitle C of the Solid Waste Disposal Act [42 U.S.C. 6921 et seq.] and other applicable provisions of law;
recommendations on the appropriate balance between public and private sector involvement in the siting, design, and operation of new hazardous waste management facilities;
documentation of the major reasons for public opposition to new hazardous waste management facilities; and
an evaluation of the various options for overcoming obstacles to siting new facilities, including needed legislation for implementing the most suitable option or options.
Adequacy of existing common law and statutory remedies
In order to determine the adequacy of existing common law and statutory remedies in providing legal redress for harm to man and the environment caused by the release of hazardous substances into the environment, there shall be submitted to the Congress a study within twelve months of
This study shall be conducted with the assistance of the American Bar Association, the American Law Institute, the Association of American Trial Lawyers, and the National Association of State Attorneys General with the President of each entity selecting three members from each organization to conduct the study. The study chairman and one reporter shall be elected from among the twelve members of the study group.
As part of their review of the adequacy of existing common law and statutory remedies, the study group shall evaluate the following:
the nature, adequacy, and availability of existing remedies under present law in compensating for harm to man from the release of hazardous substances;
the nature of barriers to recovery (particularly with respect to burdens of going forward and of proof and relevancy) and the role such barriers play in the legal system;
the scope of the evidentiary burdens placed on the plaintiff in proving harm from the release of hazardous substances, particularly in light of the scientific uncertainty over causation with respect to—
carcinogens, mutagens, and teratogens, and
the human health effects of exposure to low doses of hazardous substances over long periods of time;
the nature and adequacy of existing remedies under present law in providing compensation for damages to natural resources from the release of hazardous substances;
the scope of liability under existing law and the consequences, particularly with respect to obtaining insurance, of any changes in such liability;
barriers to recovery posed by existing statutes of limitations.
The report shall be submitted to the Congress with appropriate recommendations. Such recommendations shall explicitly address—
the need for revisions in existing statutory or common law, and
whether such revisions should take the form of Federal statutes or the development of a model code which is recommended for adoption by the States.
The Fund shall pay administrative expenses incurred for the study. No expenses shall be available to pay compensation, except expenses on a per diem basis for the one reporter, but in no case shall the total expenses of the study exceed $300,000.
Modification of national contingency plan
Insurability study
Study by Comptroller General
The Comptroller General of the United States, in consultation with the persons described in paragraph (2), shall undertake a study to determine the insurability, and effects on the standard of care, of the liability of each of the following:
Persons who generate hazardous substances: liability for costs and damages under this chapter.
Persons who own or operate facilities: liability for costs and damages under this chapter.
Persons liable for injury to persons or property caused by the release of hazardous substances into the environment.
Consultation
In conducting the study under this subsection, the Comptroller General shall consult with the following:
Representatives of the Administrator.
Representatives of persons described in subparagraphs (A) through (C) of the preceding paragraph.
Representatives (i) of groups or organizations comprised generally of persons adversely affected by releases or threatened releases of hazardous substances and (ii) of groups organized for protecting the interests of consumers.
Representatives of property and casualty insurers.
Representatives of reinsurers.
Persons responsible for the regulation of insurance at the State level.
Items evaluated
The study under this section shall include, among other matters, an evaluation of the following:
Current economic conditions in, and the future outlook for, the commercial market for insurance and reinsurance.
Current trends in statutory and common law remedies.
The impact of possible changes in traditional standards of liability, proof, evidence, and damages on existing statutory and common law remedies.
The effect of the standard of liability and extent of the persons upon whom it is imposed under this chapter on the protection of human health and the environment and on the availability, underwriting, and pricing of insurance coverage.
Current trends, if any, in the judicial interpretation and construction of applicable insurance contracts, together with the degree to which amendments in the language of such contracts and the description of the risks assumed, could affect such trends.
The frequency and severity of a representative sample of claims closed during the calendar year immediately preceding
Impediments to the acquisition of insurance or other means of obtaining liability coverage other than those referred to in the preceding subparagraphs.
The effects of the standards of liability and financial responsibility requirements imposed pursuant to this chapter on the cost of, and incentives for, developing and demonstrating alternative and innovative treatment technologies, as well as waste generation minimization.